Scottsdale Gears Up for Legal Battle Over New 'Protect and Preserve' Tax Amidst Constitutional Challenge

The City of Scottsdale is prepping its legal defenses after the Goldwater Institute lobbed a legal challenge, aiming to dismantle the newly-approved Protect and Preserve Scottsdale tax slated to kick in on July 1. This tax, backed by 58.25% of Scottsdale's voters in the November 2024 election, is now caught in a crossfire of constitutionality.

Officials from the city argue that the challenge—which questions if the tax should have required a 60% approval threshold—is misguided. In a statement posted on the city's official website, they clarify, "The 60% tax approval threshold does not apply to local ballot measures: it is in a section of the constitution that regulates statewide initiatives and referendums, not in the separate section of the constitution applicable to city initiatives and referendums." Digging further into the matter, it seems a similar countywide transportation sales tax faced, and shook off, an identical challenge just last year.

According to the article on the city's website, the tax is meant to fund community improvements, but now its fate hangs on the resolution of this legal snag. Scottsdale's officials expressed their displeasure over the timing of this challenge, noting it was raised over six months after the election results were canvassed and the measure was declared a success. Scottsdale's legal team is now on the case, pushing for a quick resolution that would allow the tax—and the promised community enhancements—to commence with the new fiscal year.